Long Beach Maternity and Paternity Leave Lawyer

Long Beach Maternity and Paternity Leave Attorney

The addition of a child to the family is a thrilling change. You should not have to worry about losing your job if you need time off from work to bond with your new family member. Attorneys at The Law Office of Briana Kim can assist you with understanding your employee rights under California law. You can reach out to our skilled Long Beach maternity and paternity leave lawyer to guide you through the process and ensure your rights are protected.

If you or your loved one has faced pushback from your employer or have been terminated for requesting maternity and paternity leave, our attorney Briana Kim, PC, can offer you counsel on the legal options available to you. Our boutique law firm strives to deliver the personalized attention each client deserves.

Maternity Leave in California Explained

Maternity leave is a general term for the time a mother takes away from her work duties to recover from childbirth and bond with her child. Though there is no explicit maternity leave statute in California, various laws provide new mothers with legal protections against termination if they decide to take a leave of absence from work.

The most relevant law is the California Family Rights Act (CFRA). Under the CFRA, eligible employees are afforded up to 12 weeks of unpaid leave from their jobs within 12 months to bond with their children. This applies to children they birthed, recently adopted, or who have joined their family through foster care.

With some exceptions, employees must be allowed to return to their same or similar job roles upon the end of their leave.

Only an experienced employment lawyer can guide you through this process and help you get justice.

Eligibility

Eligibility for CFRA leave is dependent on the following:

• The employee must have worked with their current employer for at least 12 months.
• They must have contributed at least 1,250 hours of work in the preceding 12 months.
• The business for which they work employs at least five people.
• The employee is not an independent contractor.

CFRA leave does not have to be taken all at once. Employers are required to maintain a worker’s health insurance benefits during leave, but they do not need to pay the employee while they are on leave. If eligible, CFRA leave holders can utilize their accrued sick or vacation time. Employees should provide reasonable notice to their employers when requesting CFRA leave.

Eligible California employees also receive up to four months of leave under Pregnancy Disability Leave (PDL) if they have a serious pregnancy-related medical condition before or after birth. This leave can be used in addition to the CFRA and may allow an employee to be eligible for financial benefits from the Employment Development Department (EDD).

California’s Paternity Leave Protections

Similar to maternity leave, paternity leave refers to the time a parent, typically a father, takes off from work to bond with their new child.

Non-birthing parents are also afforded leave benefits similar to those available to mothers. A spouse, domestic partner, and unmarried partner can request unpaid leave to bond with their new child, whether through birth, adoption, or foster care. They can also request time off to care for their partner if they have suffered a serious medical condition following the birth of a child.

These CFRA protections ensure that parents, regardless of gender, can take time off from work to care for their loved ones without fear of losing their jobs or health insurance. Parents who take time off to bond with a new child or assist a seriously ill family member may be eligible for paid family leave through the Employment Development Department.

Ways to Secure Your Maternity and Paternity Leave Rights

Maternity and paternity leave are essential rights that allow you the time to bond with a child, get better physically after childbirth, and figure out child-care arrangements. Here are some ways you can ensure your rights are respected.

• Understand What You Are Entitled to: Your employer should provide you with information about your rights under CFRA. You can also request information from your human resources department to learn more about your eligibility.
• Resolve the Issue With Your Employer: It is recommended that you discuss your plans with your employer if you expect to take time off work to welcome a new child. Provide reasonable notice and any reasonable documentation your employer requests.
• Contact an Attorney: If you believe your maternity or paternity leave rights are being violated, you should contact a knowledgeable employment attorney to discuss your options. This can include being denied leave, facing retaliation or discrimination for taking your leave or being terminated for requesting your rights.

FAQs

What Is the California Law for Maternity Leave?

Under the California Family Rights Act, both parents in Long Beach, California, are entitled to up to 12 weeks of unpaid leave from work if they are eligible to bond with their child or take care of their loved one if they have a serious medical condition. It is unlawful for an employer to end an employee’s health insurance benefits or to terminate them for requesting CFRA leave.

Can Fathers Receive Paid Paternity Leave?

Fathers may be able to receive Paid Family Leave (PFL) through California’s Employment Development Department if eligible. This short-term financial benefit is provided in the case an employee has lost wages as a result of caring for a seriously ill family member or for requesting leave to bond with their new child.

Can Paternity Leave Be Denied in California?

It is unlawful to deny paternity leave in California if the employee is eligible. Even if two parents work for the same employer, they can still both request leave under CFRA. An employer may request reasonable documentation to substantiate the request, including a birth certificate or other legal documents. It is important to provide your employer with reasonable notice if possible.

What Should I Do If My Employer Denies My Request for Leave?

If you are entitled to leave through CFRA and your employer denies your request for leave, you may file a claim with California’s Civil Rights Department (CRD). You should provide the CRD with the facts of your case and any documentation to prove your employer has violated your employment rights. Your employer has a chance to respond to your complaint.

Get Help With Your Maternity and Paternity Leave Case Today

California offers employees comprehensive protections. Parents are entitled to time off from work if they are welcoming a new child into their home. Do not hesitate to contact a Long Beach maternity and paternity leave lawyer if your job has been threatened as a result of your leave request.

The knowledgeable team at Briana Kim, PC, understands California employment law. We give our clients the attentive and compassionate support they deserve. We speak Korean. Contact us today to learn more about how we can help.